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Old 04-03-2005, 07:32 AM   #1
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Default Caught with marijuana possession and a pipe in NC

Ok so I got caught. Never thought I would, but I did. Ok. Got a ticket that says, "did possess less then 1/2 ounce of marajuna." On the bottom it also says "did knowingly possess drug paraphanalia with a pipe used ot smoke marajuana." I have nothing on my record at all. I was just wondering what could happen. I think I am gonna get probation, but what does that entail, sorry if this has been posted before, but I am sorta freaking out. Oh and should I get a lawyer?
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Old 04-03-2005, 08:01 AM   #2
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I've highlighted the parts that might apply to you.

From the NORML page for NC pot laws:
Possession of one half ounce or less is punishable by up to 30 days in jail, most likely suspended. Possession of greater than one half ounce is punishable by 1 - 120 days in jail, with a possibility of community service or probation in lieu of jail. Possession greater than 1.5 ounces increases the penalties to 8 - 13 months in jail.Possession of greater than one half ounce is punishable by 1 - 120 days in jail, with a possibility of community service or probation in lieu of jail. Possession greater than 1.5 ounces increases the penalties to 8 - 13 months in jail.

Manufacture, sale or delivery of less than five grams, for no remuneration, is considered possession and not sale. For amounts of ten pounds or less, the penalty is 5 - 6 months in jail. Sale or delivery of any amount greater than 10 pounds is considered trafficking and includes a mandatory minimum sentence. An amount greater than 10 pounds, is punishable by 25 - 30 months in prison and a fine of at least $5,000. Sale or delivery of 50 pounds or more is punishable by 35 - 42 months in prison and a fine of at least $25,000. Amounts of 2,000 pounds or greater carry a penalty of 70 - 84 months in prison and a fine of at least $50,000. Sale or delivery of 10,000 pounds or more is punishable by 175 - 219 months in prison and a fine of at least $200,000.

Penalties for sale, delivery or manufacture are increased if the sale occurs within 300 feet of a school zone if the offender is over 21 and if the sale was made to a minor or to a pregnant woman.

Possession of paraphernalia is punishable by up to six months in jail.
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Old 04-03-2005, 08:57 AM   #3
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Thumbs up Don't Freak Out!

Get a lawyer ASAP and get a deal to keep that mishap off your record. When getting a job, sometimes employers do a 7 year backround check. A charge like that could stop you from getting that job.
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Old 04-04-2005, 06:47 PM   #4
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So, I should get a lawyer, and at best/worst what am I looking at?
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Old 04-04-2005, 07:56 PM   #5
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Thumbs up Get A Lawyer!

At least you will have someone in your corner to get the charges dimminished.
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Old 04-04-2005, 08:12 PM   #6
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i dont know about north carolina, but i know that most of my friends who had a clean record and then got caught with 'personal' amounts of marijuana and a pipe or bong ended up on probation or diversion for about 6 months. this is in kansas btw.
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Old 04-04-2005, 08:17 PM   #7
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Exclamation Valdimir

Valdimir, with probation the offense would still be on the books and affect employers that do backround checks.
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Old 04-04-2005, 09:13 PM   #8
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i thought the whole point of diversion/probation is that the charge is off your record if you complete the whole program???

or was that just in high school?
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Old 04-04-2005, 10:29 PM   #9
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Cool vladimir

vladimir some companies drug test for insurance, others do backround checks. Some do both.

They go back 7 years. If you are charged over the age of 18, that will become premanent on your backround file, unless someone is there to make sure it never goes on your criminal history, DUI'S are also included in that group, Posession charges are easily dismissable in court, but can stay on your record forever. If a company goes back 7 years, that means 7 years from the time of the charge.

That's where the Lawyer comes in, they know the court system, and if it is the first charge, the lawyer can request to the judge to have it never appear for public record.
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Old 04-04-2005, 10:44 PM   #10
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Here's two more points why you do not want a record of this if possible:

1-- certain jobs can and will review even your Juvenile record ... (the Bar committee in most States is a good example)

2-- this might effect your ability to get Higher Education funds...so if you have any plans for college now or in the future...get a lawyer
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